How to get divorce from a mentally ill spouse ?

Question

How to get divorce from a mentally ill spouse ?

17-Jul-2024 (In Divorce Law)

My brother want to file a divorce against his wife, she is mentally disturb, she often becomes violent and start quarreling with them. But we don't have any proof. There fore, can we keep detective for proof. Her parents had hide from us about her mental illness. how to prove mental illness in court in india ? what are the procedure for divorcing a mentally ill wife ?

Answers (5)

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Adv. RK Goswami Adv. RK Goswami

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Advocate Kumar Karan LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #2

Dear Client, In the present situation, your brother can file a divorce petition on the ground of cruelty if yoj don't have a proof for her mental illness. The divorce petition can be filed under section 13 of the Hindu Marriage Act.

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Advocate Kanhaiya Jee LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #3

Yes you can filed divorce on ground of mental illness. But buden on you to prof mental illness of respondent . As per Hon'ble Suprem Court of India husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty.

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Advocate Ravi Bhushan Prasad Sinha LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #4

Your brother can file matrimonial (divorce) petition before the principal judge, family court narrating all those facts and make a prayer for grant of decree of divorce. The Court after considering the case of the parties may grant decree of divorce.

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Adv. Ravi Bhushan Prasad Sinha Adv. Ravi Bhushan Prasad Sinha

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Advocate Prem Singh LawRato · Accepted Answer · 2024-07-17T18:34:51+05:30

Answer #5

Mental illness is a ground for divorce and the divorce petition can be filed in your District Family court. But to prove the mental ilness, it is necessary to have medical certificates of the doctor under whom treatment is going on

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